No new water for Paradise, state board rules

PARADISE &GT;&GT; Whatever water comes into the lakes, must flow out. That is the gist of Paradise Irrigation District's post-1914 water rights curtailment, enacted by the State Water Resource Control Board.

So any storm water or snowmelt that comes into Paradise Lake and Magalia Reservoir must be released downstream, until further notice.

Essentially, the district can keep what water it has, but can't store any new. As of Thursday, the district's water storage was at 9,302 acre-feet, or 76 percent of capacity. The district uses about 7,000 acre-feet a year.

PID Chief Financial Officer Kevin Phillips said PID is mainly concerned with the end date of the curtailment.

If the curtailment ends before the ridge gets a storm, there should be little need for concern, he said, because the district will again be able to store incoming water. So far, Phillips said the curtailments aren't affecting customers because PID storage generally sinks during the summer and then is backfilled with fall and winter storms.

But, "if the curtailment continues into the fall we would have to allow the fall storms to go down the creek and we would not be allowed to store it," he said. "That would be detrimental to us."

Right now, Phillips said customers should "hold tight and continue their conservation efforts."

The district is under a 20 percent voluntary reduction plan, but has actually achieved a 21 percent reduction district-wide.

Phillips said PID's pre-1914 water rights allow the district to draw from Little Butte Creek for use. PID's post-1914 water rights allow the district to store water from Little Butte Creek, and those are the rights that have been curtailed.

He said PID has an attorney in Sacramento arguing the district's case and district will update the public as more information is available.

State water board spokesman George Kostyrko didn't give much hope for an early end to the curtailments, however.

The curtailment orders approved by the state board still have to be approved by the Office of Administrative Law, he said. If and when the order is approved, Kostyrko said, it will likely go into affect around July 14 and be effective for 270 days, which will end the curtailment around April 2015.

Those who ignore the order will be subject to daily fines, he said.

The curtailment notice was sent to water right holders in May and the board has only seen a 31 percent compliance rate.

Hearings in Sacramento this week turned those notices to orders. There is an appeal process, but those who ignore the order are subject to accrued fines if they lose their case, he said.

Kostyrko said the authority to curtail water rights and levy fines before an appeal can be made was given by legislation Gov. Jerry Brown signed in March.

That authority "expands (the state water board's) regulatory and enforcement powers during a drought emergency," he said.

The new powers will stay on the books, but not be used again until it is again necessary, he said. The curtailments also affect other public agencies.

The Paradise Parks and Recreation District was told in May that it can no longer divert Berry Canyon Creek Water. That will likely lead to drainage of the paradise Aquatic Park pond, forcing the wildlife to be moved. PRPD Manager Mike Trinca e-mailed an appeal to the state but was denied.

According to the Sacramento Bee, the The California Department of Forestry and Fire Protection has also had water rights curtailed.

The paper reported in late June that Cal Fire got curtailments orders on eight post-1914 water rights diversions

Two of them impact Northern California's firefighting needs. The Bee said Ishi Conservation Camp in Tehama County and the Forest Ranch Fire Station were curtailed.

According the Bee, Cal Fire spokeswoman Janet Upton said water diversion at Forest Ranch site is used for cooking and cleaning to filling fire trucks. It also serves Platt Mountain Fire Lookout, which is staffed during high fire danger.

At Ishi the diversions are used to fill water tanks on fire trucks.

While Cal Fire is hoping to get an exemption, the fact that firefighter needs in a severe drought are secondary to senior water right holders should drive home how serious the situation has become.